WATER MANAGEMENT ACT 2000 - SECT 91M
General defence
WATER MANAGEMENT ACT 2000 - SECT 91M
General defence
91M General defence
(1) It is a defence to a prosecution under this Division
in relation to a Tier 1 offence if the accused person establishes--
(a) that
the commission of the offence was due to causes over which the person had no
control, and
(b) that the person took reasonable precautions and exercised
due diligence to prevent the commission of the offence.
(2) It is a defence
to a prosecution under this Division in relation to the doing of anything
without an approval if the accused person establishes that the person was
exempt, pursuant to this Act or the regulations, from any requirement for an
approval in relation to the doing of that thing.
(3) This Division does not
prevent a person from doing anything pursuant to an entitlement in force under
the Water Act 1912 , where
"entitlement" has the same meaning as it has in Schedule 10.
